both sides will have their say on the federal defense of marriage act. on tuesday, justices will hear arguments on california's prop and consider whether states can stop same-sex marriage. people have been camping outside the proportionate for days to witness history. on tuesday, the court will hear a challenge to proposition 8. it defined marriage as one man, one woman. >> no evidence, none, that allowing gays and lesbians to marry harms the institution of marriage or harms anyone else. >> reporter: the justices could decide whether any state can ban same-sex marriage or simply limit the case to california. >> the last thing we need is to shut down the debate, have the supreme court redefine marriage for everybody. >> reporter: supporters and opponents of same-sex marriage have a different question for the supreme court justices. >> a fundamental right of liberty. and that right is already established. the only question is are you going to deprive gays and lesbians of this right because of their sex or their sexual orientation? >> the issue before the c